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5. The averments of paragraphs 1 thzoutli 4 areliucorporated <br />herein by reference. <br />C. The decision of the Board of County Commr~ssioners, as <br />embodied in Resolution 1987-23, is a quasi-juclic'al decision <br />which, as to the County Regulations purportedly app~ied therein, <br />is final. <br />7. Said decision is not supported by competent evidence. <br />8. Said decision allows issuance of a pe mit without <br />requiring certain information required by Ordinance ~9U3-1 and is <br />in violation of the provisions thereof. ~ <br />9. The conditions of approval set forth i Resolutiuri <br />197-23, whiclr purportedly mitigate the impact rr adjoining <br />properties, the e:cisterrce of which impact the decision denies, <br />have no specific authority or basis therefor in env C unty Regula- <br />tion, and the same are unenforceable, and the Coun y is co11a- <br />terally estopped to deny the unenforceability of same. <br />10. Said decision constitutes an excess of jur sdictio~r and <br />an abuse of discretion, and P7.aiutiffs have no plait, speedy and <br />adequate remedy otherwise provided by law. <br />IiF UI~DF.P. C . R. C : P <br />11. The averments of paragraphs 1 through IO ~re incorpor- <br />ated herein by reference. <br />12. The Defendant Board of County Commissioner had, by its <br />adopted regulations, the autiiora.ty and responsibility to render a <br />final decision coricernirrg the Planning Application ~aiiich is the <br />subject of this action. <br />13. Dlathan. D. "Butch" I:nowlton was, at all t .ores material <br />Herein, employed by the County of La Plata, State o Colorado as <br />the Director of the Building Inspection Department and also was <br />the acting Director of Plariniug. <br />14. Iri such capacit}~, Dlr. K~towlton had the r sponsil~ility <br />for conducting staff review of the proposed Plannin Application <br />and presenting recommendations thereon to tl~e Planni g Commission <br />and tine Board of County Conmiissioners, and 1•ir. l:nowl on e::erci_sed <br />substantial discretion witlr respect thereto. <br />15. I1r. ICnowlton, by both formal and informa7r statements, <br />disclosed the existence of a close personal and business relatiou- <br />shi.p with the Applicant and bias as a result tliereof.~ <br />-~- <br />